The online resource for UK Property Law

Forfeiture

These pages contains material on various matters relating to forfeiture. See the contents column on the left.

Possession claims generally are dealt with in the Property litigation section of the site.

Overlapping demise

Roof and roof space already demised Subsequent lease takes effect in reversion HCP (Hendon) v HM Land Registry [2020] EWHC 1278 (Admin) Summary Where a lease demised premises that had already been demised to others, the Land Registry had correctly registered the...

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Surrender by agreement (conditional)

Agreement to surrender Conditional on payment of monies due and giving up of possession Principles of interpretation of lease terms Dreams Ltd v Pavilion Property Trustees Ltd [2020] EWHC 1169 (Ch) Summary A conditional agreement to surrender was conditional on the...

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Section 146 notices

Getting the notice right Akici v LR Butlin Ltd [2005] EWCA Civ 1296 Introduction This case concerns the meaning of sharing possession in a tenants covenant in the context of a company, the validity of s146 notices, and remedying breaches against sharing possession....

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Waiver

Topics covered on this page: Exercise of commercial rent arrears recovery amounts to waiver. Once and for all breach - to do something within a particular time. Acceptance of cheque to secure dismissal of bankruptcy proceedings. CRAR Waiver of right to forfeit by...

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Settlement and discontinuance

Costs Negotiated settlement Agricullo Limited v Yorkshire Housing Limited [2010] EWCA Civ 229 Summary A covenant relating to the recoverability of costs following service of a s146 notice did not entitle a landlord to recover his costs where the dispute was resolved...

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Registration gap

Who can forfeit Scribes West Ltd v Relsa Anstalt [2004] EWCA Civ 1744 Forfeiture"This appeal raises a short but important point on the right to forfeit a lease of registered land [under the Land Registration Act 1925], in the period between execution of a transfer of...

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Unlawful forfeiture

Damages claim Claim for relief - subsequent claim that forfeiture not lawful Lilyford Ltd v La Porta [2013] EWHC 434 Summary A county can reach a decision on whether to grant relief from forfeiture under s139(2) of the County Courts Act 1984 without having to decide...

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Rent claims

Appropriation of rent and forfeiture Thomas v Ken Thomas Ltd [2006] EWCA Civ 1504 The question Who has the right to appropriate payments? The landlord or the tenant? If there are two months rent due and the tenant makes a payment equivalent to one month and...

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Other cases

Denying title Denial by pleading? Crisp v Eastaugh [2007] EWCA Civ 638 The landlord in this case argued that he was entitled to forfeit the lease because the tenant had denied his title in the pleadings. May LJ had this to say about that suggestion: "Forfeiture of a...

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Relief

This page deals with: Application to set aside possession order - claim for relief. Equitable relief from forfeiture in respect of possessory rights. Exercise of court's discretion to grant relief - windfall to landlord. Delay in application. Conditions of relief....

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